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Duty of fairness, considered one of admin law's greatest achievements. Duty is context specific.

The most common way to attack adverse admin decision is the procedure. Fairness now interpreted as procedural fairness. Do not consider fairness of decisions, as that is irrelevant, only consider the decision making process. Duty of fairness requires input from those affected. DoF requires (1) right to be heard, (2) right to an independent and impartial hearing. DoF is subject to Canadian Charter of Rights and Freedoms, but can be limited or ousted by legislation. DoF codified Federal level (Bill of Rights), Provincial level, and in the common law. Notes Notes Notes Notes Notes Notes Duty of fairness, considered one of admin law's greatest achievements. Duty is context specific. The most common way to attack adverse admin decision is the procedure. Fairness now interpreted as procedural fairness. Do not consider fairness of decisions, as that is irrelevant, only consider the decision making process. Duty of fairness requires input from those affected. DoF requires (1) right to be heard, (2) right to an independent and impartial hearing. DoF is subject to Canadian Charter of Rights and Freedoms, but can be limited or ousted by legislation. DoF codified Federal level (Bill of Rights), Provincial level, and in the common law. Notes Duty of fairness, considered one of admin law's greatest achievements. Duty is context specific. The most common way to attack adverse admin decision is the procedure. Fairness now interpreted as procedural fairness. Do not consider fairness of decisions, as that is irrelevant, only consider the decision making process. Duty of fairness requires input from those affected. DoF requires (1) right to be heard, (2) right to an independent and impartial hearing. DoF is subject to Canadian Charter of Rights and Freedoms, but can be limited or ousted by legislation. DoF codified Federal level (Bill of Rights), Provincial level, and in the common law. Notes Notes Notes

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